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India · 4th Year · Property Law (TPA)

TPA & Registration II

Mortgages, gifts, leases and title.

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  1. 1.Six kinds of mortgage under TPA s 58?

    Simple, by conditional sale, usufructuary, English, by deposit of title deeds (equitable), and anomalous.

    TPA 1882, s 58

  2. 2.TPA s 41 — doctrine?

    Ostensible owner: a transfer by an ostensible owner with the real owner's consent is not voidable if the transferee took in good faith after reasonable care.

    TPA 1882, s 41

  3. 3.TPA s 43 — doctrine?

    Feeding the grant by estoppel: if a person fraudulently or erroneously transfers property he does not own and later acquires it, the transfer operates on the acquired interest at the transferee's option.

    TPA 1882, s 43

  4. 4.TPA s 60?

    The mortgagor's right to redeem on payment of the mortgage money ("once a mortgage, always a mortgage").

    TPA 1882, s 60

  5. 5.TPA s 123 — how is a gift of immovable property made?

    By a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.

    TPA 1882, s 123

  6. 6.TPA s 106?

    Default duration of leases and the notice required to terminate them (as amended in 2002, a notice period of 15 days for month-to-month leases).

    TPA 1882, s 106

  7. 7.Registration Act 1908, s 17?

    Lists documents that must be compulsorily registered, including non-testamentary instruments transferring interests in immovable property worth ₹100 or more.

    Registration Act 1908, s 17

  8. 8.Suraj Lamp & Industries v State of Haryana (2011) — held?

    Transfers by SA/GPA/Will (sale agreement, general power of attorney and will) do not convey title to immovable property; title passes only by a registered deed of conveyance.

    (2012) 1 SCC 656